Updated: June 2020.
These terms and conditions apply to the First Home Buyer Buddy™ program (“the Program”). The term (“Users” “you” “your”) means individuals who purchase the Program. The Program is owned by Your Hot Property Pty Ltd (“ACN 126 764 467”)) (“YHP” us” “our” “we”). These terms and conditions may be amended from time to time without prior notice to you. You should review this page when re-visiting because your continued use of the Program will indicate your acceptance of any amendments that have been made to these terms and conditions.
YHP offers the Program on the condition that you accept these Terms and Conditions. By purchasing and/or accessing the Program, you are bound to these Terms and Conditions. If you do not accept these terms and conditions you must cease using the Program immediately. These Terms and Conditions form the entire Agreement between you and YHP.
- Conditions of purchase
To purchase the Program, you must:
- Be over the age of 18 years old;
- Be capable to form legally binding contracts;
- Be planning to purchase your first residential property; and
- Accept these terms and conditions.
If you do not satisfy the above requirements you must immediately cease use of the Program. If you make a purchase through the Site on behalf of another person you represent and warrant to YHP that you have the authority to bind that other person as a principal to these terms and conditions.
- Program Inclusions
In addition to your six-month access to the Program, your Program Fees entitle to you to inclusion in our members only Facebook Group. YHP will add you to the group once your account access has been verified. YHP only provides support through the Facebook group, where you can raise any questions or comments about the Program.
- Access to the Program
Once you have purchased the Program you will receive an email confirming your purchase. Your purchase entitles you to use the Program for the personal use of the purchaser, for six months from your date of purchase. Your account is personal to you and you must not give access to or share your account with any other party. You are responsible for keeping your login information confidential, YHP is not responsible for unauthorised use of your account. YHP can suspend your access one time during the six month period, which will have the affect of extending the expiry date. To suspend your account please contact YHP at firstname.lastname@example.org.
- Seven-day money back guarantee
Without limiting any rights at law, we offer a seven-day money back guarantee from the date that you purchased the Program. To claim your money-back guarantee you email@example.com. We will then process your refund within seven days. You will still bound by these terms and conditions to the extent that they relate to the Intellectual Property Licence in clause 9 below.
- This Site is provided “as is”
Access to the Program is granted by YHP an “as is” basis. YHP does not warrant that access to the Program will be uninterrupted or error free or that the platform, the Program, or the server are free of viruses or other harmful components. YHP does not guarantee against third party interference nor that the Platform or the Program content will be compatible with third party software or hardware.
- Facebook Group: Acceptable Use
Your membership in the Facebook group is subject to your acting in accordance with this clause. You agree to only act:
- in good faith;
- in a way to not bring disrepute or cause reputational or other damage to YHP or the First Homebuyer Buddy™.
Users must not post anything in the Facebook group that:
- is fraudulent;
- invasive of another’s privacy;
- infringes the intellectual or other proprietary interests of third parties;
- contains viruses or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment;
- uses or launches any automated system to access other user’s systems or data;
- collects information for the benefit of yourself or another party;
- includes downloading any image or content and passing it off as your own, or
- encourages any other User to engage in the above.
By uploading content to the Facebook page, you grant YHP a non-exclusive, limited right to use the content for the sole purpose for which the User provides it to YHP. Users acknowledge that by making comments in the Facebook group, your identity and comments are publicly to members of the group.
- Intellectual Property Rights
Users acknowledge that YHP has filed a provisional patent application (number 2018900965) over the First Home Buyer Buddy online training and education system, pursuant to the Patents Act 1990 (Cth). YHP is also the owner of the First Home Buyer Buddy ™ logo, which is the subject of trade mark Application No. 1914830. YHP has been assigned the rights of the owner of Registered Australian Trade Mark No.1834715 to have exclusive use of the YHP logo. YHP is the absolute owner of all intellectual property rights (both registered and unregistered) in the Program and nothing in these terms entitles any User to make a claim to any ownership of this property.
- License to Users
YHP grants Users a licence to use the Program for individual personal use a guide when purchasing (“the Purpose”). This is a non-exclusive, revocable licence to use the Intellectual Property for the purpose identified for the duration of this agreement. YHP represents and warrants to You that we have the right to licence the Intellectual Property to you and that your use of Program in accordance with these terms will not infringe the rights of any third party. Users cannot assign or sub-licence this licence. You acknowledge that YHP the absolute owner of all rights in the Program and that ownership of the Program content remains vested with us. Users must not alter, remove or obscure any copyright or trademark symbol or legend or other property mark on any content provided by YHP.
Users may only use the Program for the Purpose. This is an essential term which survives the end or termination of this agreement. Users must ensure that all copies of any Program content made, printed, published or reproduced by you, including in electronic form, will bear whatever proprietary statement is required by us. Users undertake to ensure that the Program is not subjected to any treatment that is prejudicial to our reputation or that infringes our moral rights. In the event that the User becomes aware of any conduct which is prejudicial to our rights in the Program the User must immediately provide written notice to us of this conduct including all details available.
Users are not permitted to sell, charge, mortgage or otherwise encumber the Program content in any way. Users are not permitted to claim or hold him or herself out, engage in any conduct or make any representation the effect of which would suggest that the User is our agent. YHP indemnifies and holds the User harmless from and against any loss, liability, cost or expense that the User suffers directly or indirectly because of any claim by a third party of rights in the Program. The User indemnifies and holds us harmless and promises to keep us indemnified against any loss, claim, action, settlement, award, judgement, expense or damage of whatsoever kind or nature and howsoever arising that we might suffer as a result of any use of the Program including any unauthorised use of the Intellectual Property by the User.
- Limited Liability
Without limiting the operation of the Australian Consumer Law, YHP excludes all conditions, warranties, terms and guarantees otherwise implied by law. YHP is not liable for any misuse of the Program by you. To the extent permitted by law YHP is not liable to pay for any indirect, economic, special or consequential loss or damage including but not limited to loss of revenue, profit, goodwill, business or claims made against it arising from your use of the Program.
Users agree to indemnify keep YHP fully indemnified against all claims by any person whatsoever for injury, loss or damage suffered in connection with your use of the Site where the claim arises from the your breach of these terms and conditions.
- Breaches of these terms and conditions
YHP reserves the right to take any of the following action if we reasonably suspect that a breach of this Agreement has occurred:
(a)issue a formal warning;
(b)suspend or prohibit access to the Program;
(d)block access to the Program and/or Facebook group;
(f)take legal action against you,
(g)suspend or delete your account, and
(h)report a matter to law enforcement.
If we suspend or prohibit or block your access to the Program or Facebook Group, action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of this agreement.
If any provision of this Agreement is invalid under any law the provision will be deleted from the Agreement to the extent of the invalidity and the remaining provisions will remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of New South Wales and Australia and any claim arising out of this Agreement will be determined in New South Wales.